Agency and Reseller Terms

1. Who these terms are for

These terms apply if you use MessageFuel on behalf of someone else — an agency running campaigns for clients, a consultant managing a customer’s list, a franchisor sending for franchisees, or anyone else where the business whose name is on the message is not the business that holds the account.

They supplement the Terms of Use and are part of the same agreement. Nothing here removes any obligation in the Acceptable Use Policy.

Working this way is expected and supported — the platform holds several authenticated sending identities per organisation precisely so that each business can mail from its own authenticated domain. What is not permitted is using that flexibility to blur who is actually sending, or whose consent is being relied on.

2. Two ways to work, and the difference that matters

• You manage the client’s own account. The client holds the organisation, the provider credentials and the contract with us; you are invited as a teammate with a role. The client is our customer. This is the cleaner arrangement and the one we recommend — when the relationship ends, the client keeps their account and you are removed from it.
• You hold the account and the client’s data sits inside it. You are our customer, you are responsible to us for everything in it, and the client is your customer. You are a processor for your client and we are your sub-processor. Our Data Processing Addendum is written to work in that chain — Module Three of the Standard Contractual Clauses applies where transfers are involved.

3. You are responsible for what you send

Acting for a client changes nothing about who answers to us. You are responsible for every message sent from an account you control, including messages sent at a client’s instruction, and including consent your client told you they had.

• Verify consent yourself. Before you import a client’s list, ask how it was collected, when, and with what disclosure, and get it in writing. “The client said it was opted in” is not a defence to a telemarketing claim and is not a defence here either.
• Register accurately. A 10DLC brand and campaign must be registered in the name of the business whose messages will actually go out — not in yours as a convenience. Registering your agency as the brand for a client’s messaging misstates the sender to the carriers.
• Send from the client’s identity. Marketing email must come from a sender identity for the client’s own authenticated domain, with the client’s postal address in the footer.
• Never move a suppression. An opt-out recorded for a client’s list follows that person for that business. Do not re-import them into a new organisation, a new client account or a fresh list.
• You warrant the authority to instruct us. You represent that your client has authorised you to act, and you will indemnify us for claims arising from your acting beyond that authority, on the same terms as the Terms of Use.

4. Client data and data protection

Client contact data you bring into the platform is Customer Data under the Terms of Use, and personal data under the DPA. You must have a written agreement with your client that covers it, gives you the right to appoint us as a sub-processor, and passes through obligations no less protective than the ones you owe us.

Your client’s privacy notice — not yours and not ours — must describe the processing to the people on their list. If your client is subject to the GDPR or a US state privacy law, the rights requests belong to them; you and we both support them rather than answer directly.

We will notify you, as our customer, of a sub-processor change or a personal data breach. Passing that on to your client, in time for them to meet their own deadlines, is your responsibility.

5. Access, credentials and separation

• Give each person on your team their own login with the narrowest role that lets them do their job. Do not share one account between staff, and remove leavers the day they leave.
• Provider credentials belong to whoever holds the provider account. Do not put a client’s Twilio or SendGrid keys into another client’s organisation, and do not reuse one client’s sending domain for another’s campaign.
• Do not connect a client’s Google Ads or Meta account to an audience built from a different client’s contacts. The consent representation you make to those platforms is per-list.

6. When a client relationship ends

Plan for the end at the start. Agree in writing with your client who owns the contact list, the designs and the sending domains, and what happens to them when you part ways.

Where the client holds the account, we simply remove your access at their request. Where you hold the account, we will help you export the client’s data or move an organisation to them, but we act only on the instruction of our own customer — you. We will not hand a client’s data to them over your objection, or vice versa, unless a court tells us to. We are not a party to your dispute and will not arbitrate one.

7. Reselling and how you describe us

You may charge your clients for the work you do with MessageFuel. You may not resell the Service itself, white-label it, or present it as your own product, without a written reseller agreement with us.

• Describe the platform accurately. Do not promise delivery rates, inbox placement, throughput or features we do not offer — we will be judged on it, and so will you.
• You are responsible for your fees and for your clients’ payment. Their unpaid invoice is not a reason to withhold ours.
• Use of our name and logo is limited to accurately identifying the tools you use. Do not imply a partnership, certification or endorsement we have not given.

Contact

To discuss a reseller arrangement, a multi-organisation setup or a client migration, write to Info@messagefuel.com.